The Complainant is Carrefour of Boulogne-Billancourt, France, represented by Dreyfus & associés, France.
The Respondent is Lamienne Ambada, H of Marrakesh, Morocco. 2. The Domain Name and Registrar
The disputed domain name is registered with eNom, Inc. (the "Registrar"). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on March 22, 2018. On March 22, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On March 23, 2018, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy" or "UDRP"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on April 5, 2018. In accordance with the Rules, paragraph 5, the due date for Response was April 25, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on April 26, 2018.
The Center appointed Andrea Mondini as the sole panelist in this matter on May 2, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background
The Complainant is a multinational retailer group operating nearly 12,000 stores in more than 30 countries under the trademark CARREFOUR.
The Complainant is the owner of several registrations for the trademark CARREFOUR, including:
- French trademark CARREFOUR No. 1487274, registered on September 2, 1988, that covers services in classes 35, 36, 37, 38, 39, 40, 41, and 42;
- European Union trade mark CARREFOUR No. 008779498, registered on July 13, 2010, that covers services in class 35; and
- International trademark CARREFOUR No. 1010661, registered on April 16, 2009, covering goods and services in class 35, and notably designating Morocco.
The disputed domain name was registered on November 29, 2017. The disputed domain name resolves to an inactive page. 5. Parties' Contentions A. Complainant
The Complainant contends in essence:
- That the disputed domain name is confusingly similar to its famous trademark CARREFOUR because it incorporates this trademark in its entirety, whereas the addition of the descriptive word "messagerie" (which means "email service" in French) does not dispel but rather accentuates the likelihood of confusion because it may lead Internet users to believe that it refers to a Complainant's email system;
- That the Respondent has no rights or legitimate interests in respect of the disputed domain name, because there is no affiliation or other relationship whatsoever between the parties and because the Respondent has not shown any intention of fair use of the disputed domain name;
- That the Respondent registered the disputed domain name in bad faith because it must have been aware of the Complainant's well-known trademark CARREFOUR;
- That the Respondent is using the disputed domain name in bad faith by passively holding the disputed domain name which incorporates the famous mark CARREFOUR;
- That the Complainant sent a cease and desist letter to the Respondent on November 30, 2017 and that the Respondent did not answer, which reinforces the inference that the Respondent does not have rights or legitimate interests in the disputed domain name. B. Respondent
The Respondent did not respond to the Complainant's contentions. 6. Discussion and Findings
According to paragraph 4(a) of the Policy, in order to succeed, a complainant must establish each of the following elements:
(i) The disputed domain name is identical or confusingly similar to the trademark or service mark in which the Complainant has rights;
(ii) The Respondent has no rights or legitimate interests in respect of the disputed domain name; and
(iii) The disputed domain name has been registered and is being used in bad faith. A. Identical or Confusingly Similar
The Complainant has shown that it holds several registrations for the trademark CARREFOUR, including French trademark CARREFOUR No. 1487274, registered on September 2, 1988, that covers services in classes 35, 36, 37, 38, 39, 40, 41, and 42; European Union trade mark CARREFOUR No. 008779498, registered on July 13, 2010, that covers services in class 35; and International trademark CARREFOUR No. 1010661 registered on April 16, 2009, covering goods and services in class 35, and notably designating Morocco.
The Panel finds that the disputed domain name is confusingly similar to the Complainant's trademark, because it incorporates in its entirety the trademark CARREFOUR. The French word "messagerie" may be translated as "bulletin board" or (in the context of electronic communication) as "email service". This term is thus descriptive and does not dispel confusing similarity.
Accordingly, the Panel finds that the Complainant has satisfied the requirement under paragraph 4(a)(i) of the Policy. B. Rights or Legitimate Interests
The Complainant contends, credibly, that it has not authorized the Respondent to use the disputed domain name, and that there is no relationship whatsoever between the Parties. In the absence of any Response, the Panel concludes that the Respondent was not authorized or licensed to use the Complainant's trademark in the disputed domain name and that there is no indication of any legitimate noncommercial or fair use of the disputed domain name.
Accordingly, the Panel finds that the Respondent does not have rights or legitimate interests in the disputed domain name.
Therefore, the Panel finds that the Complainant has satisfied the requirement under paragraph 4(a)(ii) of the Policy. C. Registered and Used in Bad Faith
The trademark CARREFOUR has been considered "well-known" or "famous" (Carrefour v. Jan Everno, The Management Group II,WIPO Case No. D2017-0586; Carrefour v. Ali Fetouh, Fasateen,WIPO Case No. D2017-0089; Carrefour v. Tony Mancini, USDIET Whoisguard, Inc.,WIPO Case No. D2015-0962; Carrefour v. VistaPrint Technologies Ltd.,WIPO Case No. D2015-0769; Carrefour v. Park KyeongSook,WIPO Case No. D2014-1425; Carrefour v. Yujinhua,WIPO Case No. D2014-0257; Carrefour v. Karin Krueger,WIPO Case No. D2013-2002; Carrefour S.A. v. Patrick Demestre,WIPO Case No. D2011-2248; Carrefour v. groupe Carrefour,WIPO Case No. D2008-1996; Carrefour SA v. Eric Langlois,WIPO Case No. D2007-0067).
Considering that the Complainant's CARREFOUR trademark is famous or at least well known, the Panel concludes that the Respondent must have been aware of the Complainant's trademark and that it registered the disputed domain name in opportunistic bad faith.
The word "messagerie" added to the Complainant's trademark in the disputed domain name increases the likelihood of confusion because it may lead Internet users to believe that it designates an email or messaging system operated by the Complainant.
The Panel also holds that the Respondent's passive holding of the disputed domain name, which incorporates the Complainant's famous or at least well-known trademark CARREFOUR, constitutes use in bad faith (Telstra Corporation Limited v. Nuclear Marshmallows,WIPO Case No. D2000-0003).
The fact that the Respondent failed to answer to the Complainant's cease and desist letter of November 30, 2018 reinforces the inference of bad faith.
The Panel therefore finds that the Complainant has satisfied the requirement under paragraph 4(a)(iii) of the Policy. 7. Decision
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain name, , be transferred to the Complainant.
Andrea Mondini
Sole Panelist
Date: May 7, 2018
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